Can we mail I-485 for July VB in June

[suma123]

Hi

I became current based on July 2011 Visa Bulletin.

I mailed I-485 application of my spouse today on June 22.

Is it ok to mail the I-485 application before July 1?.

Can someone answer please?

Thanks

[Joe.F]

Originally posted by suma123:

Hi

I became current based on July 2011 Visa Bulletin.

I mailed I-485 application of my spouse today on June 22.

Is it ok to mail the I-485 application before July 1?.

No, absolutely NOT.

If you mail it in June, it WILL get denied.

[Joe.F]

It is the JULY VB for a reason.

The PD is current in July, NOT in June.

Any I-485 mailed in June WILL get denied, because the PD is not current.

[nsai1130]

I doubt if you could do that. They will return your package back. My attorney is planning to send the package on June 30th which will be received by USCIS on July 1st! (the day it becomes current)

[pontevecchio]

It will in most probability returned to you. You should wait for JULY.

[rajmehta]

Not a good idea. Unlikely to happen but if they start processing in June, technically they can return your application.

Raj

[veni001]

On the day USCIS receives your spouses i485, your priority date must be "current". If not, USCIS will reject/deny your spouses application.

You should have asked this question before mailing it!

[suma123]

Now I don't know what to do. I should have asked this question before mailing.

Can somebody please suggest what to do?. Can I send again on June 30, hoping that they return the first one?.

Thanks

[Joe.F]

Originally posted by suma123:

Now I don't know what to do. I should have asked this question before mailing.

Can somebody please suggest what to do?. Can I send again on June 30, hoping that they return the first one?.

Thanks

If you are lucky, they just return it. They may also cash the check, and then deny the application.

So, this could end up as a rather costly mistake.

Seeing that you are clearly not knowledgeable about this stuff, I suggest you hire an immigration lawyer to file the I-485. There may be other mistakes in the application...

[Shurap1]

Originally posted by suma123:

Now I don't know what to do. I should have asked this question before mailing.

Can somebody please suggest what to do?. Can I send again on June 30, hoping that they return the first one?.

Thanks

And if they don't return it in time then you will have to redo all the work again such as medical exam etc.

Too much anxiety really costing you it seems :)

[suma123]

Thank you all for your replies and time.

I talked to USCIS customer service, 3 of them actually. They suggested me to wait for 10 days and call me back after.

One said, they are going to reject the filing.

Another said to call back after I receive a receipt notice or after 10 days.

Another said to call back after 10 days.

It looks like I have to wait for 10 days before I even consider taking any action.

[gc485process]

Relax. do not get stressed out. First thing you need to do is assuming that you sent a personal check as application fee. If you did that call up the bank and put a stop payment for those check numbers that were issued .in that way you know for sure that money will not be cashed. and the whole application will be sent back as rejected. the reason i am saying this is for some reason your application gets accepted without being rejected it would later be rejected. therefore call the bank if you sent the application fee as a personal check. if not pray that you application gets rejected

Second thing you might want to do is you are current for the whole of july, your best option would be to wait till july middle and then send the packet again . but i wanted to know if you filing as a family based GC or employment based GC. if it is employment based then why on earth are you planning to file by yourself?. let your attorney take care of it.

The bulletin clearly states that the priority date will be current for folks in july, so mailing in june would not be a wise idea. anyways what ever has happened is done. your best option would be to wait till july 10th and then second the packet after that

[Raj_Chicago]

I don't think you are going to get a response in the next 2-3 months for the submitted application. It has happenned to my friend before.

So as the experts suggested: hold the checks and start your application process again, this time submit it after July 22nd through express mail.

It happens sometimes: we think we know it all, work with your attorney unless you are sure you filled the applications right. Take it easy on you !

[suma123]

I know I made a stupid mistake. But it has been done now.

Regarding putting the stop payment, I am not comfortable with it. I think it is against the law. Or may be USCIS doesn't like it when someone does it.

[gc485process]

it is not against the law. If they accept the application now and reject it later during adjudication, you will be in worse position. It is not whether USCIS likes it or not. the worst thing that can come out is they cannot cash the check and will reject the application.. But it is your call

[kumar67]

Originally posted by suma123:

I know I made a stupid mistake. But it has been done now.

Regarding putting the stop payment, I am not comfortable with it. I think it is against the law. Or may be USCIS doesn't like it when someone does it.

Do not worry you will get your application returned to you. I do not think they will cash it because if they wanted to do it they would have done it by now.

[suma123]

We received emails from USCIS that they have accepted our package and I have all 3 receipt numbers.

Do you think USCIS can help me sort out?.

Or A Congressman?.

or Ombudsman?.

or someone?.

Thanks

[Joe.F]

That means they entered the case and they will deposit the checks.

They will eventually deny the I-485.

Why do you think a Congressperson could help?

It was YOUR mistake, not a mistake from CIS.

An examiner will eventually look at the case and notice that it was filed when the PD wasn't current.

With a stop payment on the check, it is likely to be looked at and denied sooner. That's pretty much all you can do.

As I said, this is going to be a costly mistake. Have your application double-checked by a lawyer so that you don't make other such silly mistakes again.

[Shurap1]

Originally posted by suma123:

We received emails from USCIS that they have accepted our package and I have all 3 receipt numbers.

Do you think USCIS can help me sort out?.

Or A Congressman?.

or Ombudsman?.

or someone?.

Thanks

This may be a problem because they might deny it afterwards saying PD was not current. This denial can come late in the game (may be when the VB is not current for you.)

Talk to lawyer and see if you can apply another 485 just to be sure on not missing on this bus.

[Joe.F]

Originally posted by Shurap1:

Originally posted by suma123:

We received emails from USCIS that they have accepted our package and I have all 3 receipt numbers.

Do you think USCIS can help me sort out?.

Or A Congressman?.

or Ombudsman?.

or someone?.

Thanks

This may be a problem because they might deny it afterwards saying PD was not current.

Not just "might". They WILL deny it. They can by law NOT approve an I-485 that was received before the PD was current.

[suma123]

Thanks everyone for your replies.

I think I have realized the seriousness of the problem that I have created. I have decided to take the help of a lawyer on this one.

Thanks

[suma123]

i have a question to joe.

do you think it is a good idea to put a stop payment ?

thanks

[Attorney_6]

1. The case will be denied if it was filed when the PD was not current.

2. The USCIS should have checked the PDs and rejected the case as prematurely filed. But, it seems that they did not do so.

3. It is not illegal to put a stop payment on a check (why would banks allow it if it was illegal)? It would be illegal to write a check for something, take that "something" and THEN run and stop payment to try to get away with not paying for the item. (Where there is no legitimate dispute about the purchase.) Whether it will create a problem w/USCIS filings etc is a different question.

4. Do not let the filing opportunity slip by while trying to sort this out.

5. Could w/d the old cases, file new ones.

[Joe.F]

Originally posted by suma123:

i have a question to joe.

do you think it is a good idea to put a stop payment ?

thanks

Yes, I would do a stop payment on the check. As a side-effect, that likely also gets them to deny the application earlier. Otherwise, it could be a while before they realize that it was prematurely filed.

[suma123]

Thanks Attorney 6 and Everyone.